| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
income |
wage protection program |
|
Summary:
Found that agreement between trustee and union constituted a new contract of employment. There was termination from the first employment at the date of bankruptcy and pursuant to Reg.58(9), amounts paid under the Ontario Employee Wage Protection Plan tobe allocated as of the date of the bankruptcy.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
from week of layoff |
|
Summary:
Terminated 5-10-90 due to bankruptcy. Worked for trustees from 22-10-90 to 14-12-90. Sev. pay paid in 11-91 under the Ontario Wage Protection Program. Held that working for trustees was not for same employer and that sev. pay was to be allocated to weeks following bankruptcy. Upheld by the FCA.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| interruption of earnings |
bankruptcy |
receivership |
|
Summary:
Umpire had found that termination had occurred upon the bankruptcy and not at the end of the operations. Upheld by the FCA who found on the facts that agreement between the trustee continuing the operations and the union constituted a new contract of employment and therefore a different employment.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
allocation |
applicability |
|
Summary:
The FCA found that the Umpire had erred when he viewed the $4,000.00 payment received by the respondent as being only $3,600.00, net of income tax deducted at source in the amount of $400.00. It is the gross amount that must be taken into consideration for allocation purposes.
